Sunday, April 3, 2022

Assemblyman Jeffrey Dinowitz Digest:

 

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What's Happening in the 81st Assembly District?
  • Dinowitz to DOT: Install Left Turn Signals First Before Making Major Changes to Riverdale Avenue Design
  • Thoughts on Spending State Dollars on Stadium for Buffalo Billionaires
  • Local Update: Noisy Stagg Development Project at 3745 Riverdale Avenue
  • Albany Update: New Laws Taking Effect in April
  • REMINDER: MetroCard Van Services in Woodlawn and Central Riverdale Next on Friday, April 29
  • Updates from Government & Community Partners
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Dinowitz to DOT: Install Left Turn Signals First Before Making Major Changes to Riverdale Avenue Design
Last night, the Bronx Department of Transportation finally shared their road diet proposal for Riverdale Avenue with the general public at a Community Board 8 Traffic & Transportation Committee meeting.

A "road diet" is a term that is used to describe roadway redesigns which reduce the total number of lanes available for vehicular travel. In this case, Bronx DOT plans to convert four travel lanes (two going north, two going south) into two travel lanes (one going north, one going south) and a center lane that will be used for left turns. The proposal also includes a pair of unprotected bike lanes (one going north, one going south) between the parking lanes and travel lanes on either side. These changes would be in effect from West 254th Street (where the Henry Hudson Parkway diverges from Riverdale Avenue) to West 263rd Street (the Bronx County line), and Bronx DOT has told me that they have not communicated with Yonkers about their road diet plan and how it would connect with the Yonkers segment of Riverdale Avenue.

To be clear, I support improved safety along Riverdale Avenue — and I have long advocated for safety improvements including left turn signals to be installed for northbound traffic at West 256th Street and West 259th Street. I generally support expanding our network of bike lanes so that we have an active transportation network that is actually useful in helping people get where they need to go without relying on cars, just as I have supported expanding the pedal-assist e-bike program into our topographically diverse community. I support expanded speed enforcement on Riverdale Avenue through speed cameras and other measures, so that people aren't treating our neighborhood like a superhighway.

However, I am concerned that the Bronx DOT's road diet proposal completely ignores the issue of double-parked vehicles on Riverdale Avenue — especially around arrival and dismissal times at PS81. I have yet to receive any data, whether anecdotal or scientific, about whether reducing the number of lanes reduces double-parking behavior. Based on my experience with Johnson Avenue, which is a single travel lane in both directions, it will have no impact at all on the prevalence of double-parking activity. Bronx DOT may want to pass the buck on double-parking, calling it an enforcement issue that needs to be addressed by NYPD — but we need to be realistic about how people actually behave and come up with solutions that reduce harm created by improper behavior such as double-parking. I am concerned that the Bronx DOT road diet proposal simply ignores reality in this respect.

I wonder if the simplest and most sensible safety measure that can be put into place on Riverdale Avenue is the addition of left turn signals and left turn only lanes for northbound traffic at West 256th Street and West 259th Street. Perhaps DOT should take those steps first and evaluate their effect before making wholesale changes to all of Riverdale Avenue by reducing the number of lanes.

If you have opinions on this issue, please share them with me by voting in the poll of the week further below, or by sending me an email. You can also contact Bronx DOT directly at 212-748-6680 or online here.

Thoughts on Spending State Dollars on Stadium for Buffalo Billionaires
Some of you may have heard that the owners of the Buffalo Bills, who happen to have a net worth of at least $5 billion, have reached an agreement with the Governor to fund the construction of a new stadium for the Bills. According to media reports, this agreement would include $850 million in public funding for the stadium (which itself would cost $1.4 billion in total). Of this $850 million — a reported $600 million would come from the state, while $250 million would come from Erie County. The Pegula family, which owns the Bills, would contribute a combined $550 million from themselves and from the NFL.

The Governor's Office claims that the Bills generate $27 million in direct revenue per year for New York State, Erie County, and the City of Buffalo as well as $385 million in economic activity per year. They also say the stadium project would create approximately 10,000 construction jobs (using union labor). The current stadium and adjoining complex would also be transferred to the State, and the State will own the new stadium and adjoining complex and will lease it to the Bills.

This funding would need to be allocated in the state budget, which has not been passed yet. According to media reports, the bulk of the state's proposed share in this stadium would be funded by $418 million in payouts from the Seneca Nation of Indians from back casino payments that had been held up in litigation for several years.

I oppose this proposal to spend $600 million in state money on a new stadium for a privately-owned sports team, especially considering the immense wealth of the team owners. Additionally, I strongly believe that this is an inappropriate use of casino revenue from the Seneca Nation of Indians.

This being said, I want to explain a little bit of context about how the budget generally works in New York (and frankly in governments across the country). We will almost certainly not be given an opportunity to vote yes or no on the issue of the Bills stadium funding by itself. Typically, there are a series of omnibus budget bills, each dealing with different types of programs. Legislators then have to vote on an entire bill, which inevitably includes various programs that an individual legislator does not support along with many programs which that individual strongly supports. Part of being in a democracy is working together with colleagues to reach consensus, even if we don't get every single thing we want (or if we do get some things that we don't want). I will certainly speak out against the spending of state money on the Bills stadium, but it is important to remember that this is something that 149 other Assembly Members will have an opinion on as well.
Local Update: Noisy Stagg Development Project at 3745 Riverdale Avenue
My office has received several calls and emails from constituents who are concerned about the noise coming from the Stagg development project at 3745 Riverdale Avenue (which goes all the way through to Oxford Avenue).

As I have said before (here), I think this proposal is way too big and it does not create family-friendly apartments that are large enough for people to raise their kids in. I am also very concerned that these apartments will not be affordable for most Bronxites, even with so-called affordable housing tax credits that are supposed to encourage developers to build affordable homes.

However, under our current system of land use rights and zoning regulations, developers are allowed to build projects without community consent as long as they stay within whatever the zoning regulations allow. As long as they have the appropriate permits from the NYC Department of Buildings, the Fire Department, the Department of Transportation, and whoever else — the most we can really do (barring legal action from community residents) is work hard to ensure that the rules on construction are being followed.

My office has already corresponded with the Stagg Group about the takeover of metered street parking spaces by their work crews, and we have been told that they spoke to their workers and will find other places to park. If you notice that workers are inappropriately blocking metered parking spaces (meaning that they have cones or vests or whatever on their car and are not paying for the meter), please let me know and my office will follow up.

On the specific issue of construction noise, please understand that some degree of noise is unavoidable. The standard regulations for construction noise allow construction activity between the hours of 7am and 6pm on weekdays. Additional permits are required to do construction work outside of these hours or on weekends.

If you believe that the noise being made is excessive, or is being made outside of appropriate hours, please submit a 311 complaint while the activity is occurring. This includes trucks that are backing up or unloading at the site before 7am. I understand that it is really annoying to have to contact 311 at 6 in the morning, but that is the way that we can create a record of any problems that occur. You can also file a complaint online if you don't want to deal with the telephone operators: https://portal.311.nyc.gov/article/?kanumber=KA-01091

Additionally, Community Board 8's Land Use Committee is having a public meeting on this development on Monday, April 4 at 7pm. The log-on information for that meeting is below:

VIDEO CONFERENCE LINK: https://us02web.zoom.us/j/2114033690   
or
DIAL-IN NUMBER: (646) 558-8656    Pin:2114033690#  
Albany Update: New Laws Taking Effect in April
As we continue to work on the state budget over the weekend, I wanted to take a moment to share new laws that are taking effect this month:

Effective Date: 4/1/2022
• Chapter 92 of 2021
Enacts certain provisions of the Marijuana Regulation and Taxation Act that authorize the sale of cannabis in the state and establish a structure for taxation.
• Chapter 56 of 2021, Part JJ, Subpart A
Requires social services to provide any parent or guardian receiving public assistance with educational materials about adverse childhood experiences, the importance of protective factors and the availability of services for children.
• Chapter 56 of 2021, Part OO
Clarifies the powers of a social services official to receive and dispose of a deed, mortgage or lien.
• Chapter 59 of 2021, Part GG, Section 2
Extends the income tax credit for individuals or entities investing in low-income housing.
• Chapter 527 of 2021
Makes it illegal to sell, offer for sale, or install
a cut-out, bypass or similar device for the muffler or exhaust system of a motor vehicle or motorcycle.
• Chapter 781 of 2021
Enacts the Make Voting Easy Act, which requires the board of elections to designate early voting polling places and extend the hours polls are open for early voting.
• Chapter 834 of 2021 & Chapter 170 of 2022
Establishes the chief disability officer within the executive chamber to advocate on behalf of people with disabilities and ensure they are afforded the opportunity to exercise all of the rights and responsibilities accorded to citizens of the state of New York.
• Chapter 117 of 2022
Changes the process for canvassing absentee, military, special and affidavit ballots in order to obtain the results of an election in a more expedited manner and to assure that every vote is counted.

Effective April 5, 2022
• Chapter 434 of 2021
Directs the Office of Addiction Services and Supports to maintain an online directory of distributors of opioid antagonists.

Effective April 6, 2022
• Chapter 446 of 2021
Requires weight loss services or products to provide consumers with a weight loss and dieting information notice, which includes the dangers of rapid weight loss, dieting information, and risks associated with certain medications used with weight loss programs.
• Chapter 459 of 2021
Requires municipalities to consider the use of renewable energy sources when designing local building and planning regulations.
• Chapter 465 of 2021
Updates the education and experience requirements for professional engineers by requiring at least a bachelor's degree in an engineering program or the substantial equivalent.
• Chapter 473 of 2021
Requires charter buses to have commercial global positioning (GPS) technology.

Effective April 7, 2022
• Chapter 593 of 2021, Section 4
Enacts a provision of the Consumer Credit Fairness Act, which reduces the statute of limitations to file a debt collection action from six years to three years.

Effective April 9, 2022
• Chapter 672 of 2021
Reinstates a tax credit and tax exemption for the rehabilitation of historic barns.

Effective April 20, 2022
• Chapter 682 of 2021
Authorizes the operation of autocycles with either a class D driver's license or class M motorcyclist's license. 
• Chapter 688 of 2021
Requires real estate brokers to receive two hours of training in cultural competency.
• Chapter 701 of 2021
Establishes a dedicated telephone line for housing discrimination complaints.
• Chapter 705 of 2021, Section 2 & Chapter 66 of 2022, Section 1, 2
Requires the Department of Health to translate the Nursing Home Bill of Rights to the 10 most common languages spoken by individuals with limited-English proficiency. Also requires nursing homes to post the nursing home complaint hotline and the contact information of the regional ombudsman where notices are commonly displayed, and ensures this information is provided to staff as well as every patient and their appointed personal representative at the time of admission to the facility.
• Chapter 153 of 2022, Section 1
Requires real estate brokers to institute standardized operating procedures for the prerequisites prospective homebuyers must meet prior to receiving any services.
Effective April 21, 2022
• Chapter 745 of 2021
Requires every state agency, board, or commission that collects data on ethnic origin for residents of the state of New York to
use separate categories for a number of Asian groups, including but not limited to: Chinese, Japanese, Filipino, Korean, Vietnamese, Cambodian, Indonesian, Pakistani, Sri Lankan and Taiwanese.
• Chapter 786 of 2021, Part B
Requires gas and electric corporations to provide residential customers with a $25 credit on the balance of their bill for each 24-hour period of service outage that occurs for more than 72 consecutive hours after an emergency event, as well as reimburse for medication and food that expires or spoils due to a service outage that lasts longer than 72 consecutive hours after an emergency event, up to $540 for food.

Effective April 23, 2022
• Chapter 496 of 2021
Designates human organ delivery vehicles as authorized emergency vehicles.
• Chapter 499 of 2021
Requires contractors and subcontractors to disclose the existence of property and casualty insurance before they begin work on a home.

Effective April 26, 2022
• Chapter 520 of 2021 & Chapter 149 of 2022
Enacts the Jose Webster Untraceable Firearms Act, which criminalizes the sale of ghost guns and requires gunsmiths to register and serialize firearms, rifles, shotguns, and unfinished frames or receivers they assemble.
• Chapter 94 of 2022
Clarifies that the provisions of the Scott J. Beigel Unfinished Receiver Act, which prohibits the possession and sale of unfinished frames or receivers in New York State, apply to licensed dealers in firearms and to the sale of unserialized frames and receivers.
Effective April 30, 2022
• Chapter 831 of 2021
Provides that the rate of interest on money judgments in actions involving consumer debt shall be calculated at a rate of two percent.


REMINDER: MetroCard Van Services in Woodlawn and Central Riverdale Next on Friday, April 29
At our request, the MTA has agreed to provide their MetroCard van in central Riverdale and in Woodlawn once again during the months of March, April, and May. This is an easy way for you to apply for a reduced-fare MetroCard, to refill a MetroCard (including reduced-fare MetroCards), or to deal with any other MetroCard-related issue you may be having.

The MetroCard van will be available at West 235th Street and Johnson Avenue between 9:30am and 11:30am, and will be available at the Woodlawn Library (Katonah Avenue and East 239th Street) between 12:30pm and 2:30pm on the following dates:

• Friday, April 29
• Tuesday, May 31

As a reminder, the MetroCard van is also available on a recurring basis at the following locations:

• Riverdale at Skyview Shopping Center (Riverdale Avenue between West 256th Street and West 259th Street) on the 1st and 3rd Wednesday of each month between 10:30am and 12:30pm
• Kingsbridge at West 231st Street and Broadway on the 1st and 3rd Wednesday of each month between 1:30pm and 3:30pm
• Knolls Crescent Mall (11-21 Knolls Crescent) on the 2nd and 4th Friday between 10am and 12pm

My office will continue to advocate for the restoration of MetroCard van service to the Van Cortlandt Senior Center as well as the permanent addition of the locations in central Riverdale and Woodlawn to their regular schedule.

The MTA has also indicated that riders can refill their MetroCards at participating retailers throughout the city. For a list of these retailers, please visit: tripplanner.mta.info/metrocardmerchants/BoroughMetroCardMap.aspx?zone=BX.

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